law enforcement

ATLANTA — Over the past three decades, the collection of DNA from convicted criminals has become standard in the U.S. justice system, and many states now also swab people arrested for serious crimes.

Legislation awaiting a final vote in Georgia would take that a step further by collecting DNA from people charged with less serious misdemeanors — but only if federal immigration authorities want them detained. That could include immigrants not ultimately deported.

If enacted, Georgia’s measure would make it the third state to single out immigrants believed to be in the U.S. illegally for the collection of genetic material that wouldn’t be taken from others. Florida passed a similar law in 2023. And Oklahoma in 2009 authorized DNA collection from immigrants in the U.S. illegally, though it remains subject to funding.

The new legislation comes as President Trump’s administration seeks to expand its use of DNA and biometrics in immigration enforcement as it carries out a plan to deport millions of people from the U.S.

“It is one example of something we are seeing across the landscape, which is government actors at all levels vacuuming up DNA in all available contexts,” said Stevie Glaberson, director of research and advocacy at the Center on Privacy and Technology at Georgetown University law school.

Immigrant DNA collection has grown in recent years

The FBI launched the National DNA Index System in 1998 to compile DNA samples submitted by federal, state and local authorities. It’s grown in size and scope and now contains more than 26 million DNA profiles, many from people convicted of crimes.

A federal law enacted 20 years ago allowed the attorney general to expand DNA collection to people arrested and to noncitizens detained under federal authority. But because of exceptions authorized by federal officials, few immigrants had their DNA collected.

That changed in 2020, during Trump’s first term, when a new Department of Justice rule took away much of that discretion. Over the next five years, the Department of Homeland Security added the DNA profiles of more than 2.6 million detainees to the national database, according to an analysis by the Center on Privacy and Technology.

The department did not answer questions from the Associated Press about the percentage of detained immigrants whose DNA has been collected during Trump’s second term.

But the department is looking to expand its authority. A proposed rule would allow it to collect DNA, including from U.S. citizens, to determine family relationships in immigrant benefit cases.

States don’t typically collect DNA for misdemeanor arrests

Though many states collect DNA from people arrested for felonies, just 10 states collect it from people arrested for certain misdemeanors, such as sex offenses, and none collect it for all misdemeanor arrests, according to an AP analysis of data compiled by the Boise State University Department of Criminal Justice.

But under the Florida and Oklahoma laws, any arrest could lead to DNA collection for immigrants subject to federal detainer requests. Officials in the Florida Department of Law Enforcement and Oklahoma State Bureau of Investigation did not respond to questions about whether those laws are being used.

The Georgia legislation would require DNA collection from immigrants facing any misdemeanor or felony charges if U.S. Immigration and Customs Enforcement has issued a detainer request but has not picked up the person within 48 hours.

Georgia state Sen. Tim Bearden, a Republican sponsoring the bill, described the measure as a means of solving crimes.

“Technology is changing quickly, and DNA is one of those things that help us tremendously when we’re trying to make sure to bring justice to victims in this state and across this country,” Bearden said at a March hearing.

The Department of Homeland Security said in a statement that “partnerships with law enforcement are critical to having the resources we need to arrest criminal illegal aliens across the country.”

Could a broken tail light lead to a DNA swab?

A 2024 Georgia law mandates that local law enforcement cooperate with federal authorities to identify and detain immigrants in the U.S. illegally, or else lose state funding. This year’s legislation would build upon that.

Some legal experts say it could result in DNA collections from immigrants taken into custody for minor violations. Traffic offenses that are penalized as civil violations in some states are considered misdemeanors in Georgia, making them subject to the new law, said Mazie Lynn Guertin, executive director and policy advocate with the Georgia Assn. of Criminal Defense Lawyers.

“We don’t think that swabbing a person who’s committed a traffic violation is a boon for public safety,” Guertin said. “The correlation between a broken tail light and a crime that’s solvable with DNA is pretty attenuated in most cases.”

People subject to federal immigration detainer requests aren’t necessarily undocumented or deportable, because they may later prove their legal presence, said Kyle Gomez-Leineweber, director of policy for Common Cause Georgia. But such people could have their DNA collected under the Georgia legislation.

“What this really does is it creates a two-tiered system where some of the DNA would be collected based off of the perception of an individual’s immigration status,” said Gomez-Leineweber.

Legal experts raise questions about constitutional rights

The U.S. Supreme Court in 2013 upheld a Maryland law allowing DNA to be collected from people charged — but not yet convicted — of certain serious crimes. That law allows DNA to be added to a database after it’s determined there is probable cause to detain someone, provided it’s deleted if the person is not ultimately convicted.

The Maryland case often is cited as justification for an expansion of DNA collection. But some immigrant advocates question whether civil immigration detainers meet the probable cause threshold to make DNA collection acceptable under the U.S. Constitution’s Fourth Amendment protection against unreasonable searches and seizures.

“There doesn’t appear to be any kind of meaningful justification for states to step in to require the collection of DNA — of genetic material — from noncitizens in their custody who have merely been accused of a crime, even a low-level crime,” said Jorge Loweree, managing director of the American Immigration Council. “It seems like this is just an effort to increase the surveillance of noncitizens.”

Kramon and Lieb write for the Associated Press. Lieb reported from Jefferson City, Mo.

Savannah Guthrie is returning to “Today.”

Viewers of NBC’s morning program learned Friday that Guthrie will be back to her hosting duties at the network’s Rockefeller Plaza studio in New York on April 6.

Guthrie has been absent from “Today” since Feb. 2, the day after learning her mother Nancy was abducted from her Tucson home. She appeared on the program this week in a taped interview with Hoda Kotb, her first since her mother went missing..

Guthrie’s re-entry on “Today” is certain to generate significant viewer interest. Her 84-year-old mother’s case, still being investigated by law enforcement, generated an outpouring of public affection for the co-host.

Many media industry insiders expressed serious doubts over whether Guthrie would return to television before law enforcement determined what happened to Nancy Guthrie. But people close to Guthrie believe her grit and deep religious faith will provide her with the strength to move forward.

Guthrie’s daily presence on “Today” will also help keep her mother’s case in the public eye. NBC is also airing a special “Dateline” episode on the abduction on Friday.

Guthrie has spent most of the last seven weeks in Tucson with her family. She canceled plans to be a part of NBC’s coverage of the Winter Olympics in Milan and before this week only appeared on TV and social media in taped messages asking for the help in finding her mother.

Nancy Guthrie was last seen Jan. 31, when she spent the evening with family members. Law enforcement officials believe she was removed from her Catalina Foothills home later that night against her will as her phone, wallet, car and medication were left behind.

Surveillance videos of a masked man who was outside Guthrie’s front door on the night she disappeared were released by the FBI.

The home of Sean “Diddy” Combs’ son Christian “King” Combs and his girlfriend, Raven Tracy, was the target of what police said was a burglary attempt Thursday morning.

The pair were in Bali when police were summoned to their Porter Ranch home Thursday morning, according to a source familiar with the incident. Neighbors called police around 12:45 a.m. after they heard what they believed were shots fired in the 11900 block of Churchill Way in the affluent San Fernando Valley neighborhood. According to law enforcement, the commotion was actually a window being smashed near the rear patio of the $3-million residence.

King Combs, the 27-year-old rapper, model and son of disgraced music mogul Sean “Diddy” Combs, lives at the 5,400-square-foot property with Tracy, a 32-year-old influencer and fashion entrepreneur.

Images of at least two people were captured on security cameras, a law enforcement source told The Times. It’s unclear whether Combs and Tracy were targeted, or if the suspects were casing homes in the area. When police arrived, all suspects had fled the area. Police investigators told Fox 11 that nothing was stolen.

A source close to Combs told The Times that this was the second recent break-in attempt at the property. The first occurred during Sean “Diddy” Combs’ trial in the summer.

The attempted break-in is the most recent in a string of high-profile home invasions, although it is unclear whether the incidents are related. Earlier this month, “Real Housewives of Beverly Hills” star Rachel Zoe’s Bel-Air mansion was broken into while she was out of town.

The reality TV personality and fashion designer was in Las Vegas for the opening of the Wynn’s ultra-exclusive social club Zero Bond. Zoe is a close friend of club founder Scott Sartiano.

According to TMZ, Zoe’s alarm company received an activation alert and swiftly called local police. Officers responded and spotted two male suspects leaving the property, one of whom the outlet said was taken into custody.

In August, “All Night Long” crooner Lionel Richie was home when a man broke into his Beverly Hills residence around midnight. According to NBC4 Investigates, police responded to a 911 call and searched the neighborhood, finding a suspect blocks away. A 38-year-old man was arrested on suspicion of residential burglary.

Law enforcement sources told the outlet that security cameras at Richie’s home picked up images of the suspect, who entered the home but was spooked by an alarm.

Afroman has emerged victorious from an invasion of privacy and defamation case filed against him by seven members of Ohio’s Adams County Sheriff’s Office over mocking videos and social media posts the rapper put out after a failed 2022 raid on his home.

“We did it, America! Yeah, we did it! Freedom of speech! Right on! Right on! Yeah! God bless America!” the 51-year-old rapper, born Joseph Foreman, shouted outside the courthouse after the Wednesday evening verdict as supporters rallied behind him. In the clip, under a white fur coat, he was rocking the same American flag shades and red, white and blue suit and tie he had worn on the stand Tuesday.

Four deputies, two sergeants and a detective with the Adams County sheriff filed the lawsuit in March 2023, seeking to reclaim any money the rapper made from what they said was unauthorized use of their likenesses. The group wanted nearly $4 million in damages. Foreman used footage from the raid in videos for songs including “Lemon Pound Cake” to make money to pay for the damage done to his home during the raid, when his front gate was broken down and his front door smashed in.

The plaintiffs said in their lawsuit that the posts and videos caused them “humiliation, ridicule, mental distress, embarrassment and loss of reputation” and made it difficult to do their law enforcement work.

At trial, all seven plaintiffs testified about the harassment they had suffered because of the rapper’s music and videos. One, Deputy Lisa Phillips, had her gender identity called into question in Foreman’s videos and social media posts. She cried on the stand as a video suggesting she enjoyed sex with other women was played for the court.

The jury apparently agreed with the argument that the sheriff’s officers were acting in a public capacity during the raid and therefore were not shielded from criticism of their behavior.

“No reasonable person would expect a police officer not to be criticized. They’ve been called names before,” defense lawyer David Osborne said in closing arguments for the rapper and comedian, known for his breakout 2000 hit, “Because I Got High.”

In 2022, the sheriff’s team was acting on a warrant showing probable cause that drugs and drug paraphernalia would be found on the property and alleging that trafficking and kidnapping had happened there. No evidence of a crime was found, and no charges were filed.

Foreman wasn’t home during the raid but was able to see at least part of it via a video recorded by his ex-wife and footage captured on his home security system before law enforcement turned off those cameras. He said on the stand that the raid traumatized his children, who were 10 and 12 at the time.

“The whole raid was a mistake. All of this is their fault,” Foreman testified Tuesday. “If they hadn’t wrongly raided my house, there would be no lawsuit, I would not know their names, they wouldn’t be on my home surveillance system, and there would be no songs, nothing.”

Foreman also defended his right to use the raid footage as fodder for his work.

“After they left, I had the right to kick the can and to do what I had to do to repair the damage they brought to my house. Yes, I did,” he testified. “I have freedom of speech. I’m a rapper. I entertain.”

Foreman discussed his reaction to the lawsuit with local station WCPO Channel 9 in 2023. “From the first 10 seconds, I was offended. I was appalled. I was like ‘What?’ Then I started laughing,” he said. “These guys with their rifles are crying about my comedy songs.”

Meanwhile, as the jury deliberated Wednesday, an entirely different Adams County Sheriff’s Office was feeling online heat linked to the trial: the office in Colorado’s Adams County.

“The Adams County Sheriff’s Office has received a flood of social media comments, DMs, and phone calls about the #Afroman defamation trial,” the Colorado department said on X. “It’s clear this is important to a lot of people. There’s just one small issue: that’s the ACSO in Ohio. We are the ACSO in #Colorado. Different states, same name.”

The Associated Press contributed to this report.

Afroman testified Tuesday in a civil lawsuit brought by seven members of an Ohio sheriff’s office who allege he used their likenesses without permission in music videos and on merchandise and spread lies about them after they raided his home in August 2022.

The fault, the “Because I Got High” rapper maintained, was not his. On Wednesday, the jury was deliberating the case.

The 51-year-old, whose real name is Joseph Edgar Foreman, said on the stand Tuesday that he was in the right, according to local station WCPO Channel 9 in Cincinnati.

“The whole raid was a mistake. All of this is their fault,” Foreman testified, taking the stand wearing sunglasses with American flag lenses and a red, white and blue suit and matching tie made of fabric recalling the American flag. “If they hadn’t wrongly raided my house, there would be no lawsuit, I would not know their names, they wouldn’t be on my home surveillance system, and there would be no songs, nothing.”

Officers were acting in 2022 on a warrant showing probable cause that drugs and drug paraphernalia would be found on the property. The warrant also alleged that trafficking and kidnapping had happened there. No evidence of a crime was found, and no charges were filed. Foreman wasn’t home during the raid but was able to see at least part of it via a video recorded by his ex-wife and footage captured on his home security system before law enforcement turned off those cameras.

It was that footage that was used in the various videos the rapper subsequently posted, including a music video for the song “Lemon Pound Cake,” which he wrote about the raid.

Officers tore down his door, he said, and damaged his house, taking money, vape pens and a small amount of marijuana. There was a discrepancy about the amount of money taken and returned to the rapper, which seemed to be a point of contention linked to whether he was misrepresenting what the deputies did during the raid.

“After they left, I had the right to kick the can and to do what I had to do to repair the damage they brought to my house. Yes, I did,” Foreman said. “I have freedom of speech. I’m a rapper. I entertain.”

His testimony came on the second day of the trial, after the deputies took the stand the first day and testified that though the raid wasn’t perfect, Foreman had been spreading lies about them for years since it occurred. Deputy Lisa Phillips, whose gender identity had been called into question in Foreman’s videos and social media posts, cried on the stand as some of those videos were played for the court.

Footage with a song called “Licc’em Low Lisa” showed Foreman saying he thought he would “crack some musical jokes” in the wake of the raid, then going to comfort a crying actor who resembled Phillips. “I didn’t know they hurt you that bad. … I was just having fun with a bad situation.” The same video showed the actor engaging in sexual activity with another woman.

In their lawsuit, WCPO said, the deputies said the posts and videos caused them “humiliation, ridicule, mental distress, embarrassment and loss of reputation” and made it difficult to do their law enforcement work.

In an amicus brief, however, the ACLU argued that the deputies’ lawsuit was a “classic entry into the SLAPP suit genre,” referring to a type of lawsuit that seeks to discourage criticism of public officials.